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Attorney Advertising: Website content for informational and educational purposes only and should not be substituted for speaking with an attorney.  All cases are different, and past results do not guarantee future outcomes. All fees must be finalized in writing and may vary based on the circumstances of a case.

Federal Cases

When people say don’t make a federal case out of it, they have a good reason.

In federal court, the rules of evidence favor the prosecution even more than in the New York state courts, and the Sentencing Guidelines punish harshly those found guilty. Often, the sentencing phase of a case will last longer than the trial. During the sentencing phase, the judge looks at a defendant’s entire history: criminal record, family, employment, community, cooperation with authorities, admission of guilt, expression of remorse, and the details of the crime. The judge assigns numerical scores to categories and computes a mandatory minimum sentence. In federal court, mandatory is mandatory. If a crime calls for a five-year sentence, the defendant will serve five years—no time off for good behavior, no parole at all.

Since the creation of the Sentencing Guidelines, the number of charges resulting in guilty pleas rose to 96% due to the threat of extreme sentences.

The best defense lawyers will protect a defendant from the steep consequences of federal sentencing by mitigating every element of a charge and ensuring that the client only faces the lowest categories of sentences, if any.

In cases with large quantities of drugs and multiple defendants, a personal lawyer will provide an individualized defense and a stronger opportunity for immunity, dismissal, or downward departure.

In a federal investigation, the government may confiscate a defendant’s money or property and keep the "ill-gotten gains" after a conviction. The Law Office of Adam Bevelacqua will work closely with the prosecution and the client to broker a reasonable solution. Often, the government will settle for only a portion of the assets, allowing the client to keep the majority of the money, jewelry, or other valuable property.

The best lawyers in federal cases understand the main differences between the state and the federal rules of evidence, and they work closely with the prosecutor to protect the client from becoming the focus of a larger investigation and to set up a “downward departure” from the harsh Sentencing Guidelines, if necessary.

A federal prosecution can last for a notoriously long amount of time (a recent case with only one fraud count lasted seven years before the final sentence), and a defendant should be careful not to hire a law firm with hourly billing in addition to the retainer agreement. Otherwise, a relatively straightforward defense could drain an entire life’s savings. It is not uncommon for a defendant in a federal case to pay a law firm $50,000 in total hourly fees even though he would pay only a fraction of that cost for a lawyer to defend against similar state-level charges.  A potential client should take the time to understand the different criminal defense options and to avoid a lawyer who might take advantage of a person's difficult situation.

The Law Office of Adam Bevelaqua will protect a client from the harsh consequences of a federal charge.  The flat fees will help a client to avoid the unexpectedly high legal costs of long prosecutions.  Contact the Law Office of Adam Bevelacqua at (917) 656 - 7076 or bevelacqualaw@gmail.com and speak to a criminal defense lawyer immediately.